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The Rise of Tribes and the Fall of Federal Indian Law
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2nd Circuit hears Oneida Nation foreclosure case
Wednesday, November 7, 2007
Filed Under: Law | Trust

The 2nd Circuit Court of Appeals heard oral arguments on Tuesday in the Oneida Nation's foreclosure case.

Two counties say the tribe owes about $50 million in property taxes. But a federal judge said the counties can't foreclose on the land due to tribal sovereign immunity.

The tribe owns more than 17,000 acres in Oneida and Madison counties. The properties are within the boundaries of the historic Oneida Reservation but are not held in trust.

The U.S. Supreme Court has ruled that the tribe can't assert sovereignty on its properties without going through the land-into-trust process.

The Bureau of Indian Affairs is still considering the tribe's land-into-trust application. An official said a decision is pending in Washington, D.C.

Get the Story:
Counties seek quick Oneida land ruling (The Syracuse Post-Standard 11/7)
BIA official: No word on trust land (The Oneida Dispatch 11/6)

Foreclosure Court Decision:
Oneida Nation v. Oneida County (June 2, 2006)

Draft Environmental Impact Statement:
Oneida Nation of New York Conveyance of Lands Into Trust (November 2006)

Relevant Links:
Oneida Nation Trust - http://www.oneidanationtrust.com
Indian Nation Fee-to-Trust Land Acquisition Applications in New York State - http://www.dec.ny.gov/public/888.html
Oneida Nation, New York - http://www.oneida-nation.net

Sherrill v. Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Related Stories:
2nd Circuit to hear Oneida Nation foreclosure case (11/5)
Oneida Nation can't drop taxation lawsuits (8/14)
New York urged to collect taxes on Oneida Nation (8/3)
Wisconsin tribe opposes Oneida Nation trust land (06/21)
Land-into-trust next big move for Oneida Nation (6/15)
New York to appeal Oneida land claim decision (6/7)
Judge dismisses New York land-into-trust lawsuit (6/6)
Views: Oneida Nation, treaties and land claims (5/30)
Editorial: Collaboration needed on Oneida land claim (5/30)
Oneida Nation said to owe $248M in taxes (5/25)
Door still open for Oneidas on land claim (5/22)
BIA to act on Oneida Nation land-into-trust (5/10)
DOJ seeks dismissal of New York land-into-trust suit (04/26)
Cason explains misgivings on land-into-trust (04/20)
Oneida Nation shifts lobbying to Washington (03/12)
Oneida Nation fights to save land claim from dismissal (3/7)
Halbritter attributes Oneida success to hard work (3/5)
Fire destroys Oneida Nation carpentry shop (3/2)
Oneida Nation officially ends tax dispute with city (2/28)
Oneida Nation builds in-house legal department (2/13)
Another hearing on Oneida Nation land-into-trust (2/7)
Oneida Nation refused county inspection of gas pumps (1/22)
BIA schedules another Oneida land-into-trust meeting (1/10)


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